Administrative and Professional Assembly
June 22, 2005
2 – 4 pm in 217 Foy Union
Approved as amended 08/11/05

 

 

 

The meeting was called to order at 2:05 PM by Chairperson Harriette Huggins. 

 

The Assembly roll was called by the Secretary.  Assembly members who were not in attendance were Joan Aston, Kale Hill, Ellen McManus (previous commitment), Jennifer Nabors (work commitment), Kirsten Perkins, Melvin Smith, and Martha Taylor (work commitment).

 

The minutes from the 04/21/05 A&P Assembly meeting were approved as submitted.

 

Special guests Patricia Duffy and John Varner were recognized by the Chairperson.

 

Program

Dr. Ed Richardson, Interim AU President discussed the state of the University.

 

The President’s agenda for the next year has recently been announced.  The reasons behind these recommendations are:

 

Strategic Plan - our first priority.  AU currently has no strategic plan. Top administrators from other institutions felt that having a Strategic Plan was very important to the Presidential search.  Dr. Bill Sauser is directing our efforts and will submit the plan to the Board in November 18th.

 

AU System - it is proposed that AUM, AU, and other extensions of AU be combined into a single system under a Chancellor/President.  This issue will be considered Sept.16. The cost will be $0.

 

Research Park – located on corner of Shug Jordan and College.  Building will start in 10-12 months; would generate $20 million a year in additional revenue to AU through partnerships; would enable us to be recognized at a national level which could lead to new grants. A separate board would manage the Park. 

 

Gulf Shores Project – not generating any money nor is it costing us any money.  It does generate eco-tourism and 500 additional  jobs. A competitor in Gulf Shores is suing us over it.

 

Space Management and Planning – beginning this fall, each college or school will be allocated equitable amounts of space.  Deans can request additional space.

 

Cost Containment – goal is to manage resources and growing need through planning.  No cuts are planned but utility cost is going up to $8 million/year for new buildings and health care costs are rising. We may need to evaluate the closing of  some old facilities and place electrical meters in buildings to promote more efficient usage.  The cost savings from electricity usage would go back to departments as an incentive.  There are too many publications being put out by too many different groups, none of which appear to be from Auburn University.

 

Annual reports from AU and AUM  - expected on June 30.  These reports will outline accomplishments with regard to strategic plan goals. This will include Athletics.

 

Legislative Process – This year we will see a salary increase of  5% for A & P. AU has not historically done well in the legislative fund allocations.  We have cultivated a good relationship, joint agenda, and combined our legislative offices with University of Alabama.  This resulted in a more successful lobby and higher allocations this year. Higher education went from receiving 24% to 60% of the state allocated money. For the first time, we have set a precedent that higher education should get salary increases if K-12 does.  Next year, less money will be available but we have positioned ourselves with a more effective lobby.

 

President Richardson says Auburn is positioning itself for the future by creating a more stable environment.  He is optimistic at the progress that has been made.  The BOT is fully committed as well and will have an aggressive agenda to meet the university’s goals.

 

Dr. Bill Sauser, College of Business, outlined the Strategic Plan Initiative.  His presentation will be available from the A&P web site. 

http://www.auburn.edu/administration/governance/ap/AUStratPlan.APUpdate1.2005.ppt

 

A&P members have already participated in the first stages of the process, conducted by Group Solutions, company retained to facilitate. The questions/comments generated can be viewed online at: http://www.auburn.edu/administration/spc/index.html

Results of first 3 forums were posted May 27th,, the fourth session was June 2nd, and a12 person “ad hoc steering group” will plan the next steps after 4th session.  Dr. Sauser is individually interviewing each of the Trustees to gather their comments and suggestions as well. 

 

Next Steps:

Comments from the Chair

The BOT has reviewed our survey results on qualities desired in Presidential Candidates.

 

A&P will be represented on the Student Academic Grievance Committee.  The appointment is pending necessary revisions to the Tiger Cub.

 

Appreciation was expressed to the Staff Council for the successful Campus Wide Forum they coordinated in June.  A summary of the event is available online at http://www.auburn.edu/administration/governance/ap/campus_wide_forum.htm

 

The Intimate Relations policy is being revisited by representatives from each campus governing body.  References to Staff and A&P are being removed.  This policy will address Faculty only.

             

New Business

Karen Rankin, Chair of the Nominations & Elections Committee, reported that AUDaily will announce A&P committee vacancies and solicit nominations for the committees. The period for receiving nominations will be from July 11 – July 22, 2005.

Committees and number of vacancies are:

 

 

Tony Ventimiglia, reported that the BOT has approved our constitutional revisions. As a result, all terms are extended until Jan. 2006. The complete revised Constitution is Appendix 1.

 

Cathy Ramey reported that the survey results on issues of interest to A&P employees is now available on our Web site http://www.auburn.edu/administration/governance/ap/results_summary_interest05.htm

See Appendix 2

 

Electronic Privacy policy – membership was asked to review the policy draft (see Appendix 3) on the A&P site

http://web6.duc.auburn.edu/administration/governance/ap/Electronic%20Privacy%20Policy.pdf  A&P Assembly will be asked to provide feedback on this draft and approve or not in July. 

 

Grievance Updates – Kathy Harmon presented recommended procedural changes.   Assembly is urged to review the suggested changes to the Grievance policy published on our web site and to be prepared to vote on in July 2004.

 

June 30 – the Staff Council is offering a seminar on “How to Enroll in AU Classes.”  All AU employees are invited:  10 am in 217 Foy Union

 

Public Forum – no speakers.

 

This meeting was adjourned by the Chair at 4:25 pm.

 

 

Respectfully submitted by

Cathy Ramey, Secretary, A&P Assembly

 

 

Appendix 1

Administrative and Professional

Assembly Constitution
Revised as Approved by BOT 07/2005


Article I: Charter
Article II: Organization
Article III: Officers
Article IV: Meetings
Article V: Committees
Article VI: Grievance Policy
Article VII: Amendments

PREAMBLE:

The Administrative and Professional Assembly is established to afford representative participation in the University governance process. Recognizing its role and responsibility in advising the University in formulating and administering policies affecting these employees, the Assembly affirms its commitment to the principles of fair and equitable treatment and opportunity of all employees.

ARTICLE I: CHARTER

SECTION 1: NAME

This body shall be known as the Administrative and Professional Assembly of Auburn University and is hereafter referred to as the Assembly.

SECTION 2: AUTHORITY

The Assembly is an elected body established at Auburn University by authority of the University Board of Trustees.

SECTION 3: PURPOSE

The Assembly will be an advisory body to the President. The Assembly will provide members of the Administrative and Professional staff with a means of representative participation in the university governance process through which the formation or change of university policies may be addressed, especially those matters relating to budget, resource allocation, employee welfare, campus calendars, schedules and facilities. The Assembly will facilitate communications between these employees and other segments of the university as it endeavors to promote common interests of the employees it represents.

ARTICLE II: ORGANIZATION

SECTION 1: SCOPE

The Assembly may consider any issue that has the potential to affect the general welfare of Administrative and Professional employees.

SECTION 2: DEFINITION

All employees of Auburn University classified as Administrative and Professional are considered members in the Administrative and Professional employee grouping. Administrative and Professional employees who have been employed by Auburn University for one year or longer are eligible for nomination and election to the Assembly.

SECTION 3: REPRESENTATION

A. NUMBER OF MEMBERS

The Assembly shall be composed of twenty-one elected members. The Executive Committee will be included in this number.

The chair and the chair-elect will not be included in the proportional distribution of the Assembly. The chair-elect shall be elected from the Assembly membership, and the vacated position will be available to be filled from the appropriate vice-presidential and presidential categories during the Assembly elections in the winter/spring.

B. PROPORTIONAL REPRESENTATION

Representation on the Assembly shall be proportional and distributed among the vice-presidential and presidential categories as determined by the Executive Committee prior to the annual elections.

C. TERM LIMITS

Representatives to the Assembly will serve three-year terms staggered in such a manner as to have six of its membership retiring and six of its membership beginning anew each year, except for each third year when seven will retire and seven will begin anew. Representatives may serve a maximum of two terms in succession.

During the first year of Assembly existence, fourteen new Assembly representatives shall be elected. The fourteen new representatives plus the Executive Committee, excluding the chair and the chair-elect, shall draw to determine by lot each representative's term length. The selection pool shall be composed of 7 three-year terms, 6 two-year terms, and 6 one-year terms.

The Officer positions of chair-elect, chair and past-chair shall each be one-year terms, with each position served in succession. The appropriate vice-presidential or presidential category whose representative becomes chair-elect will be entitled to nominate and elect a replacement representative during the Assembly elections in the fall.

D. ELECTIONS

Each category shall hold its own election to elect its representative(s) in accordance with general guidelines set by the nominating committee. Election of the Assembly members will be held the first week of each March, and election of the Executive Committee will be held the first week of February.  The newly elected officers, the Executive Committee, and the Assembly will take office April 1 of the year elected.

E. VACANCIES

Vacancies shall be temporarily filled from the respective representative category by appointments by the Assembly Chair with the concurrence of a majority of the Executive Committee members. The vacancy shall be filled for the remainder of the unexpired term at the next scheduled election.

ARTICLE III: OFFICERS

SECTION 1: COMPOSITION OF EXECUTIVE COMMITTEE

The Administrative and Professional Executive Committee shall be composed of the chair, chair-elect, secretary, three members-at-large, and past-chair. Each shall be elected by and from the Assembly. If there is no past-chair, there shall be four members-at-large on the Executive Committee.

SECTION 2: DUTIES AND RESPONSIBILITIES OF OFFICERS

A. CHAIR

The chair of the Assembly shall preside over all meetings of the Assembly and the Executive Committee. The chair shall be the official spokesperson for the Assembly. In the absence of a past-chair, the chair will break any tie votes.

B. CHAIR-ELECT

The chair-elect shall preside when the chair is absent and shall serve as the Assembly’s Parliamentarian. In accordance with directives from the Executive Committee, the chair-elect is also responsible for arranging and scheduling regular or called meetings of the Assembly and shall reserve necessary meeting rooms. The chair-elect shall assume any other duties assigned by the chair of the Assembly. When the chair is vacated, for any reason, the chair-elect shall assume the duties of the chair.

C. SECRETARY

The secretary shall keep the official minutes of each Assembly and Executive Committee meeting. The minutes shall be filed in the University Archives. Copies of the Assembly minutes will be distributed to the Assembly members prior to the next meeting. The secretary shall distribute official calls for meetings and other materials as directed by the chair.

D. PAST-CHAIR

The past-chair's principal role shall be advisory to the Assembly and the Executive Committee. The past-chair shall not be counted as part of the assembled quorum but accorded full privilege of deliberation. The past-chair shall be entitled to vote only in the event of a tie vote.

SECTION 3: ELIGIBILITY

An Assembly member must have served for one full year on the Assembly before taking an office.

SECTION 4: ELECTIONS OF THE EXECUTIVE COMMITTEE

A. ELECTION PROCESS

The Nominating Committee shall present two names for each of the offices of chair-elect and secretary and a minimum of three names from the Assembly for the remaining positions. Assembly members shall be notified in writing of the nominees no later than January 15. If the nominee consents, nominations may be made from the floor at the election meeting to be held the first week of February. Election shall be by secret ballot of the Assembly members with a majority of the votes cast required for election. If a majority is not received on the first ballot, a runoff election will be held immediately between the two candidates garnering the largest number of votes. The newly elected officers shall take office April 1 of the year elected.

B. ABSENTEE VOTING

Only Assembly members present at the election meeting will be eligible to vote.

C. VACANCIES

Should a vacancy occur on the Executive Committee, the Nominating Committee will submit two names to the Assembly members fifteen days before the next Assembly meeting. At that meeting, the election will be held to fill the unexpired term. Additional nominations will be accepted from the floor with the consent of the nominee. If the chair becomes vacant, the chair-elect will assume the duties of the chair.

SECTION 5: TERM LIMITS

Executive Committee members shall serve a one-year term in each elected position.

ARTICLE IV: MEETINGS

SECTION 1: ASSEMBLY MEETINGS

A minimum of six meetings a calendar year with frequency of no less than one per calendar quarter. Attendance at scheduled meetings will be open to all Administrative and Professional employees.

Meetings shall be scheduled at least thirty days in advance.

A. RULES OF ORDER

Robert's Rules of Order, Newly Revised, shall be the authority on parliamentary procedure at any meeting of the Assembly.

B. AGENDA

The agenda for each meeting shall be set by the Executive Committee and distributed to all Assembly members at least seven days prior to the meeting date.

C. QUORUM

A majority of the Assembly members make up a quorum.

D. ACTION

All action shall be by majority vote of a quorum of members present unless otherwise specified here in or in Robert's Rules of Order, Newly Revised.

E. MINUTES

The Secretary shall record and maintain minutes of each meeting. Minutes shall be distributed to all Assembly members within ten days of the meeting and shall be available on request to all Administrative and Professional members.

F. ABSENCES

An Assembly member who misses more than one quarterly meeting per year will be removed from the Assembly and replaced in accordance with Article II Section 3e.

SECTION 2: EXECUTIVE COMMITTEE MEETINGS

The Executive Committee shall meet six times per year. Additional meetings may be called by the Chair as needed.

A. RULES OF ORDER

Robert's Rules of Order, Newly Revised, shall be the authority on parliamentary procedure at any meeting of the Executive Committee.

B. AGENDA

The agenda for each meeting shall be set by the Chair and Executive Committee and distributed to all Executive Committee members at least seven days prior to the meeting date.

C. QUORUM

A majority of the Executive Committee members make up a quorum.

D. ACTION

All action shall be by majority vote of a quorum of members present unless otherwise specified here in or in Robert's Rules of Order, Newly Revised.

E. MINUTES

The Secretary shall record and maintain minutes of each meeting. Minutes shall be distributed to all Executive Committee members within ten days of the meeting and shall be available on request to all Administrative and Professional members.

F. ABSENCES

An Executive Committee member who misses more than two of the six scheduled Executive Committee meetings per year will be removed from the Executive Committee and replaced in accordance with Article III Section 4c.

SECTION 3: CALLED MEETINGS

Special Assembly meetings may be called as necessary by the Chair. A special meeting shall also be called by the Chair within seven days after receiving a petition signed by at least one-third of the Assembly members.

Assembly members will be notified no later than 48 hours before the special meeting is to be held.

ARTICLE V: COMMITTEES

SECTION 1: STANDING COMMITTEES

During the Spring of each year, Administrative and Professional employees will be given an opportunity to express interest in serving on Assembly and University Standing Committees and to nominate others for such service. Using this information, the Nominations and Elections Committee shall submit nominations for membership on Assembly Committees to the Assembly for approval. All committee members (with the exception of the Executive Committee members) shall serve a three-year term staggered in such a manner as to have one-third of its membership retiring and one-third of its membership beginning anew each year. During the first year of committee existence, each committee member will draw a lot to determine their term length. No member shall serve consecutive three-year terms. Committee chairpersons are chosen by majority vote of the respective committee members during the first meeting of each year. Committee chairpersons shall serve a one year term. Each standing committee shall have a written statement of its operating procedures on file with the Executive Committee. Each chairperson shall submit a yearly report of the committee's activities to the Executive Committee and the report shall be available upon request.

The duties and responsibilities of the following Administrative and Professional standing committees are:

A. EXECUTIVE COMMITTEE

The Executive Committee shall consist of the Chair, Chair-Elect, Past-Chair, and the Secretary of the Assembly plus three other Assembly members elected by majority vote of the Assembly. The Executive Committee shall act for the Administrative and Professional group between regular meetings and assist the chair in preparation of the agenda for the Assembly meetings. Other responsibilities shall include the confirmation of appointees for vacancies, the formation of task forces, and the establishment and abolition of ad hoc committees as deemed necessary. The Executive Committee is also responsible for nominating Administrative and Professional representatives to other university employee groups.

B. NOMINATIONS AND ELECTIONS COMMITTEE

The Nominations and Elections Committee shall consist of nine members appointed from the Administrative and Professional group by the Executive Committee. The Nominations and Elections Committee is responsible for submitting nominations for officers and standing Assembly committee members to the Assembly for approval and making recommendations to the President for membership on university committees. This committee shall set general election guidelines, maintain election eligibility, and maintain voting records. The Nominations and Elections Committee shall oversee all aspects of final election processes. Assembly members receiving nomination for elections shall be ineligible for Nominations and Elections Committee membership.

C. PROFESSIONAL DEVELOPMENT COMMITTEE

The Professional Development Committee shall consist of nine members appointed from the Administrative and Professional group. This committee is charged with aiding and encouraging the professional growth and development of the Administrative and Professional members. It shall study and recommend action on professional leave, continuing education, and recognition of professional achievement.

D. WELFARE COMMITTEE

The Welfare Committee shall consist of nine members from the Administrative and Professional group. The Welfare Committee shall review and make recommendations about Administrative and Professional salaries, benefits, and evaluation procedures.

E. CALENDAR AND SCHEDULES COMMITTEE

The Calendar and Schedules Committee shall consist of the Assembly secretary and three members from the Administrative and Professional group. The committee shall recommend policies and changes to the University Calendar and schedules to the Assembly Executive Committee.

F. GRIEVANCE COMMITTEE

The Administrative and Professional Grievance Committee shall consist of fifteen members appointed from the Administrative and Professional employee group. A minimum of one member from each of the major vice-presidential representative categories shall be maintained on the committee at all times. The chair shall be elected from within the Grievance Committee and shall serve for a one-year term. The committee shall provide mediation teams to assist with the resolution of work-related complaints and shall evaluate grievances filed by Administrative and Professional employees and make recommendations to the president and appropriate vice-president.

SECTION 2: AD HOC COMMITTEES

Administrative and Professional Ad Hoc Committees may be created and dissolved as deemed necessary by the Executive Committee. Membership of such committees shall not be limited to Assembly members but may be drawn from the Administrative and Professional membership at large. Examples of Ad Hoc Committees are:

A. BY-LAWS COMMITTEE

B. ADMINISTRATIVE AND PROFESSIONAL HANDBOOK COMMITTEE

SECTION 3: ADMINISTRATIVE AND PROFESSIONAL EMPLOYEE PARTICIPATION IN STANDING UNIVERSITY COMMITTEES

Standing University Committees are appointed by and are advisory to the President. Administrative and Professional employees should be proportionally represented on appropriate University Committees. The Assembly Nominations and Elections Committee shall submit recommendations to the President for membership on University Committees. These committees may be under the purview of a member of the University's central administration who shall be responsible for convening these committees at regular intervals and whenever the need for committee action arises. A list of members of all standing Senate and University committees will be distributed each fall by the Office of the President.

ARTICLE VI: GRIEVANCE POLICY

SECTION 1: WHAT CONSTITUTES A GRIEVANCE

A grievance is an allegation by an employee that there has been a violation, misinterpretation, misapplication, discriminatory application or unreasonable application of a University policy, procedure, rule, or regulation regarding the employee's employment conditions. The appeal process in the employee grievance procedure is not a formal court proceeding. It is an investigation into allegations with the intent to resolve those deemed factual. Discussions about work-related complaints should begin with the person's immediate supervisor. If this effort does not produce a satisfactory resolution of the problem within a reasonable time frame, the grievant may appeal to his or her peer employee group for consideration through the Administrative and Professional Grievance Committee. Grievance allegations between employees represented under different grievance policies shall be decided under the jurisdiction of the grievance policy which first receives and responds to the grievance. Issues of discrimination, harassment and other civil rights issues should be referred immediately and directly to the office of Affirmative Action-EEO.

SECTION 2: GENERAL PROCEDURE FOR RESOLUTION OF GRIEVANCES

A member of the university Administrative and Professional employee group who believes that he or she has a grievance, must discuss the matter thoroughly with his or her immediate supervisor. This discussion should be initiated by the grievant within fifteen working days (excluding weekends and authorized university holidays) after the grievant becomes aware of the subject of the grievance and in no event later than six (6) months after the occurrence giving rise to the grievance. During this discussion the grievant must define clearly the nature of the grievance and specifically request that a decision be made by the supervisor. The supervisor will respond with a decision as soon as possible but no later than fifteen working days after the discussion. If the supervisor does not provide a timely response, or if the grievant is not satisfied by the response, the grievant may request that the Administrative and Professional Grievance Committee provide informal mediation.

SECTION 3: INFORMAL MEDIATION: THE ROLE OF THE MEDIATION TEAM

If fifteen working days elapse without a decision from the supervisor, or if a decision is announced that does not satisfy the grievant, he or she may present the grievance for mediation by an assigned team from the Grievance Committee.

The Administrative and Professional Grievance Committee shall establish procedures whereby at least four of its committee members are kept on service alert for quick response to mediation requests. When responding to a mediation request, the Chair of the Grievance Committee shall designate two of the on-call committee members to comprise the Mediation Team. The Grievance Committee Chair shall appoint one of the team members as team leader.

The mediation process will be informal, with the Mediation Team attempting to facilitate a resolution of the problem quickly by whatever techniques and procedures the Team believes to be appropriate. Every effort will be made to maintain an informal atmosphere that encourages an expeditious, cooperative resolution of the problem. The Mediation Team may meet privately with either of the parties or with other informed persons in order to explore the possibility of finding a mutually acceptable resolution.

The mediation process will continue until a settlement is reached or until the Mediation Team or one of the parties decides to stop mediation. When a decision to stop mediation is made, it is the responsibility of the Mediation Team to inform both parties in writing. After receiving notice that mediation efforts have stopped, the grievant who desires a formal grievance hearing has fifteen working days in which to request a formal grievance hearing.

SECTION 4: FORMAL GRIEVANCE HEARING

A. THE ROLE OF THE GRIEVANCE COMMITTEE

A grievant who wants a formal hearing of his or her grievance, initiates the process by a written request to the Administrative and Professional Grievance Committee. Before requesting a formal hearing, the grievant is expected to have made a good faith effort to resolve the grievance through full discussion with his or her supervisor and to have participated willingly in mediation efforts by the Mediation Team.

The Administrative and Professional Grievance Committee will require the grievant who requests a formal hearing to provide a clear written statement of the grievance. The Grievance Committee will determine whether the nature of the grievance is of sufficient concern to the university community to warrant a formal hearing; their decision will be final. Grievances based upon the termination of a non-probationary employee or the significant or continued reduction of pay as a result of disciplinary action, qualify automatically for a hearing if a timely request is made by the grievant. The Grievance Committee shall base its decision to convene a formal hearing on evaluation of the content provided in the grievant's formal request and on recommendations received from the Mediation Team. Grievance Committee action shall be decided by a majority vote of those committee members present.

B. GRIEVANCE HEARING PANEL

If it is decided that a formal hearing is to be held, then the Grievance Committee will oversee formation of a Grievance Hearing Panel. The Grievance Hearing Panel shall consist of three members selected from the Administrative and Professional Grievance Committee, excluding any members of the mediation team originally assigned to the grievant. It shall be the responsibility of the Hearing Panel to elect one of its members as chair.

It will be the responsibility of the Chair of the Grievance Committee to empanel Hearing Panel members. The Grievance Committee Chair shall consult with other Grievance Committee members to determine who is available to serve on the Hearing Panel. Refusals should be based on strong reasons such as recent service on a large number of hearings, prior commitments that make service difficult to arrange, or knowledge of the parties or issues that makes it difficult to be impartial. A list of all eligible committee members who have not been recused will be supplied to both parties of the grievance. Each party shall have two working days to choose one person from this list to be a member of the Hearing Panel. (In the event that both parties choose the same person, the grievant shall have an additional two working days to choose the second member.) The third panel member shall be selected by the other two panel members from the list of eligible committee members. The Grievance Committee Chair may, at his or her discretion, appoint a replacement panel member if extended sickness or other circumstances prevent discharge of the Hearing Panel member's responsibility.

Each member of the Hearing Panel shall avoid any discussions of the case by the parties or by advocates for them before the Hearing. Panel members are obligated, when considering evidence, to restrict their attention to evidence presented at the Hearing.

C. THE LIASION PERSON

The Grievance Committee Chair shall appoint a Liaison person to serve the Hearing Panel. The Liaison person will assist the Hearing Panel by arranging for any facilities needed by the Hearing Panel, arranging for witnesses to be available, and by providing other routine support that may be needed during the hearing. The Liaison person shall arrange for witnesses or members of the Hearing Panel to be excused from work or to receive appropriate compensatory time or remuneration so that their participation in these services will not require personal sacrifice. The Liaison person will play no role in the hearing other than providing necessary support services. At the Chair's discretion, the Liaison person may be drawn from the membership of the Grievance Committee or from the Administrative and Professional employee group at large.

D. REPRESENTATION

The parties in a grievance shall have the right to be represented by anyone whom they choose during the hearing and in pre-hearing meetings. However, the supervisor, (university administrator) shall not be represented by an attorney or professional advocate unless the grievant has chosen to be represented by an attorney or professional advocate.

E. ARRANGEMENT OF GRIEVANCE HEARINGS

Grievance Hearings shall be closed. No witness (except the parties themselves) will be allowed to hear the testimony of any other witnesses.

The Hearing Panel (or a representative thereof) will consult the parties before setting a time for the hearing and may, with the consent of the parties, hold joint pre-hearing meetings with them in order to: (1) clarify the issues, (2) provide for the exchange of documents or other information, and (3) achieve any other objective in the prehearing period that will contribute to a fair and expeditious hearing.

The Hearing Panel shall ensure that a thirty day interval occurs between the official announce date for the grievance hearing and actual hearing date to allow for the preparation of statements.

F. STATEMENTS

The grievant will be given fifteen working days from the announced date for the Grievance Hearing to supply the Hearing Panel and the other party (supervisor) with a final written statement describing the grievance, and will state at that time whether the grievant is to be represented by an attorney or professional advocate. The grievant's statement will describe the facts and issues the grievant wants the Hearing Panel to consider. The statement may differ from the statement the grievant made earlier in the mediation process but must be based on the same complaint presented to the original Mediation Team and for which a formal Hearing was first requested. On receipt of the grievant's statement, the supervisor will be given fifteen working days to supply the grievant and the Hearing Panel with a written response to the grievant's statement.

G. THE RECORD

An official record (tape recorded or otherwise) of the hearing will be made by the Hearing Panel. A copy may be made available to each party upon request.

H. THE HEARING

The hearing will be informal and unlike those used in courts of law. The Panel may admit any evidence that it considers to be of value in determining the issues, subject to the Panel's judgment as to the relevance, credibility, and weight of the evidence. The Hearing Panel may ask the parties to produce evidence on specific issues, may examine witnesses, and may call and examine its own selection of witnesses.

Each party will have the right to ask questions of all witnesses appearing at the hearing. Each party will have the right to rebut any evidence heard by the Panel.

Witnesses will not be required to testify under oath, but the Chair of the Hearing Panel shall inform each witness who is an employee of the university that any deliberate falsehood can result in a separate grievance and/or disciplinary action against the witness.

The Panel may grant adjournments of reasonable length to investigate evidence if the Panel believes newly introduced evidence has created an undue element of surprise in the grievance hearing.

Both parties and the university administration will cooperate with the Hearing Panel in obtaining witnesses and making documents and other evidence available as needed by the parties or the Hearing Panel unless it is determined by the Vice-President or President that the information sought is confidential and not subject to release. Tenure and promotion records and records subject to the Family

Educational and Privacy Act shall be considered confidential. The Hearing Panel will be obligated to announce to both parties when it has begun its final, formal deliberation.

The Hearing Panel will make its findings on facts surrounding each of the issues that the Panel determines to be directly relevant to its recommendations. The Panel's fact finding and recommendations will be based solely on material presented to the hearing. The Hearing Panel's official findings and statement of recommendations shall be based on a majority vote of the Hearing Panel members. The Hearing Panel will speak with one opinion. Dissenting opinions will have no standing and will not be included as a part of the Panel recommendations or findings.

The Hearing Panel will report its findings and recommendations to the appropriate vice president. If the vice president was a party to the original grievance or direct supervisor of the grievant, then the findings and recommendations shall go to the Auburn University President. The grievant and the administrative supervisor will be notified of the Hearing Panel's findings and recommendations in writing within fifteen working days after formally commencing final deliberation.

No grievant will be entitled to more than one formal hearing on the same complaint.

I. FINAL DISPOSITION

The final disposition of the grievance shall be made known in writing to all parties to the grievance and to the Chair of the Assembly by either the Vice-President or President within sixty days of the filing of the Hearing Panel's report with the Vice-President or President. In unusual instances in which a decision cannot be reached within sixty days, the Vice-President or President shall give written notification to the persons noted above and indicate a date on which a decision can be expected.

SECTION 5: WITHDRAWAL OF GRIEVANCE

Employees who request formal grievance Hearing procedures may withdraw a grievance at any time subject to agreement by both parties. Such withdrawal shall be without prejudice.

SECTION 6: REPRISALS

No reprisal shall be brought against any person for participating in any way in this procedure. Such reprisal would be grounds for instituting a grievance.

SECTION 7: MODIFICATIONS - REMOVED

ARTICLE VII: AMENDMENTS

These constitutional Articles may be amended by three-fourths vote of those members present and voting on the announced meeting date. The Assembly shall individually notify, in writing, all Administrative and Professional employee group members of every proposed change to the constitutional articles. The individual notification shall occur a minimum of thirty (30) days prior to the announced meeting date on which the vote shall be taken, and the notice shall include the full written text of all proposed changes. All adopted amendments shall be subject to review and approval by the Auburn University President.

Appendix 2

A& P Interest Survey  Results Summary

Summer 2005 - 223 Respondents

 

Issues ranked on a scale of 1 (Not Important at All) to 5 (Highest Priority)

The TOP FIVE highest priority issues are identified in red.

 

 

1

2

3

4

5

Top Five

Issues

Equitable pay for A&P employees

1%

5%

11%

37%

46%

#2

Consistent evaluations for employees

3%

8%

26%

43%

20%

#3

Improving communication among A&P

3%

16%

46%

24%

10%

 

An A&P social event

39%

33%

19%

7%

1%

 

Increasing awareness - A&P grievance policy

6%

27%

42%

19%

5%

 

Electronic privacy

3%

13%

23%

39%

21%

#5

Training & professional dev. for A&P employees

3%

7%

28%

40%

21%

#4

Healthcare benefits

0%

2%

13%

34%

51%

#1

Intimate relations policy

22%

32%

28%

14%

2%

 

Consulting policy for A&P employees

7%

24%

35%

24%

9%

 

Proportional representation in A&P nominations and elections

6%

23%

41%

23%

5%

 


Other topics (listed in no order of priority):

  • Stop using Social Security # as ID
  • Parking
  • Better communication between administrative offices when a policy changes
  • Recombination with Staff Council to increase the organization's strength and effectiveness
  • Vision insurance and flexible schedules
  • Push to get a new AU President - evaluate interview and selection process
  • Matters of diversity, tolerance, and inclusiveness
  • Upward feedback, evaluation of your immediate supervisor
  • 100% tuition waiver for employees and retirees
  • Strategic planning
  • Programs to promote employee wellness
  • Increasing representation from non-admin employees
  • Football ticket priority
  • Nine month appointment opportunity

 Survey response details are listed in a separate document.

 

 

 

Appendix 3

 

Electronic Privacy Policy: V9 (Working Draft)

October 22, 2004/February 2005/March 2005

 

 

Purpose:

The purpose of this policy is to describe the level of privacy and confidentiality that users of Auburn University computers, e-mail systems and network resources can expect and to indicate the types of situations in which Auburn may review the contents of such resources. This policy covers all non-student Auburn University-issued accounts, (employees, guests, retirees) and Information Technology (IT) resources assigned to AU employees.

 

Policy:

Auburn University is committed to the concept of privacy and to the greatest extent possible in a public institution, strives to protect the privacy of electronic material, communications of AU employees and academic freedom of AU faculty.

However, individuals who are using Auburn University IT resources should be aware (1) that there are circumstances under which the content of such resources may be reviewed and (2) that there are employees who may in the proper course of their work see information not intended for them.

 

Actions to view the contents of accounts and/or files initiated by Auburn University will be limited to those actions necessary to preserve the financial integrity of the university, the security of people and property, the functionality of IT resources and systems, or to protect the university from liability. Such reviews may not be used to curtail open debate on substantive issues in the university environment nor used in a punitive way against individuals with differing points of view.

Individual employees having concerns about the confidentiality of their personal private communications should consider using non-Auburn ISP facilities and/or storing personal sensitive files on personally purchased off-line media.

 

Policy Implementation Guidelines:

1. Undisclosed actions to review electronic content and/or network access and/or release of records of an individual may be required in response to a lawfully issued court order or subpoena, or as prescribed by statutes, such as the Homeland Security Act, the Patriot Act, or the Electronic Communications Act.

 

2. Auburn University reserves the right to review digital electronic material and communications when it reasonably appears necessary to do so to preserve the integrity, security, or functionality of the university, or to protect the university from liability.

A. All actions to review electronic content on resources assigned to an individual employee must be reviewed by the Office of General Counsel and approved by the Office of the President.

B. Prior to conducting a review, Auburn University shall notify the employee of the action, unless at the institution=s sole discretion it is determined that doing so is inconsistent with institutional interests or relevant law.

3. Systems Administrators or other personnel charged with the management of e-mail and network resources may be required to perform in-depth analysis of computers, networks, and/or accounts as they seek to solve technology, security, and/or performance related problems.

A. System Administrators or other personnel charged with the management of e-mail and network resources will not seek to view information not intended for them, but it should be understood that such information may be visible in their normal course of work.

B. System Administrators or other personnel charged with the management of e-mail and network resources may in the normal course of their work be required to advise the individual or the individual=s supervisor of computer or network activity that is having a negative impact on university IT resources.

C. System administrators or other personnel charged with the management of e-mail and network resources will not disclose personal information they may see in the course of their work. Violations of this policy by system administrators are considered a Group I offense under the Auburn University Personnel manual. Additionally, it is a violation of this policy for university officials to pressure system administrators to turn over any such information, except as prescribed in #2 above.

4. E-mail accounts and data files of suddenly deceased employees may be reviewed to resolve any unfinished Auburn University business. Any personal e-mail or files shall be left undisclosed by the reviewer and will be available only to the estate of the deceased. Such reviews will be conducted by IT staff assigned by the IT Director and the reviewing IT professional will be held to the confidentiality standard describe in this policy.

5. E-mail accounts and data files of employees terminated for cause may be reviewed to resolve any unfinished Auburn University business. With the exception of information in clear violation of state or federal law, all personal e-mail or files shall be left undisclosed by the reviewer. Such reviews will be conducted by IT staff assigned by the IT Director and the reviewing IT professional will be held to the confidentiality standard described in this policy.

6. In all cases of electronic content review, access to results will be limited to those individuals with a legitimate need to know and presentation of review results will be limited to information directly related to the review action justification.

7. In all cases, individuals receiving information that appears to be in clear violation of state or federal law should refer this information to the university general counsel for a determination of how to proceed. The assigned owner of the electronic media will not be held accountable for extraneous information not placed on electronic media by the assigned owner.